Author Topic: No more Fat Lady calls  (Read 3406 times)

Offline Crawdad

  • Custom Call Maker
  • ****
  • Posts: 1961
  • Age: 74
  • Location: Greenbrier, Arkansas
No more Fat Lady calls
« on: September 13, 2011, 06:15:22 PM »
Well I just got a phone call telling me to stop using the name fat lady, seems a co in Ill has a copy right on that name, they make turkey calls and will be making duck calls in about a year. They don't have a web site yet but you can go ogle them at fat lady game calls and they show up on eBay. And to think, I did all kinds of research on that name before using it. Oh well! I don't know what I will call them now.

Offline Jason at JTCCalls

  • Custom Call Maker
  • ****
  • Posts: 655
  • Location: Pella Iowa 50219
    • JTC Calls
Re: No more Fat Lady calls
« Reply #1 on: September 13, 2011, 06:21:35 PM »
You should call them Crawdad's 'The Plump Woman'

Offline Ostovic Game Calls

  • Custom Call Maker
  • ****
  • Posts: 414
  • Age: 41
  • Location: Spirit Lake, IA
Re: No more Fat Lady calls
« Reply #2 on: September 13, 2011, 06:25:33 PM »
Just go with PHAT LADY calls.  It looks cooler, means that it's cooler and maybe not so derogatory.   :yes:
To a non-believer this world is as good as it gets, but to a BELIEVER this world is as bad as it gets.

Prov. 17:17  A friend is always loyal, a brother is born to help in times of need.

Formerly "Bojiducker"

Offline Jason at JTCCalls

  • Custom Call Maker
  • ****
  • Posts: 655
  • Location: Pella Iowa 50219
    • JTC Calls
Re: No more Fat Lady calls
« Reply #3 on: September 13, 2011, 06:32:41 PM »
how about 'THE Fat Lady' like Ohio State, doesn't mean anything but will differentiate you from them.  Then they can SUCK IT

Offline dogcatcher

  • Tutorial Contributor
  • Custom Call Maker
  • *
  • Posts: 3725
  • Location: West Texas, New Mexico or on the road
Re: No more Fat Lady calls
« Reply #4 on: September 13, 2011, 06:36:40 PM »
Just go with PHAT LADY calls.  It looks cooler, means that it's cooler and maybe not so derogatory.   :yes:

I have seen the Phat Lady, it has been awhile, but some one has already used it.  That would be asking for another phone call.

Marvin
Combat Infantryman, the ultimate hunter where the prey shoots back.
Old style calls for today's outdoorsman
"Call and they will come."
Helping those that are helping themselves.

Offline lazyMlazyK

  • Tutorial Contributor
  • Custom Call Maker
  • *
  • Posts: 622
  • Age: 25
  • Location: Beulah, ND
    • KM Calls
Re: No more Fat Lady calls
« Reply #5 on: September 13, 2011, 06:42:31 PM »
You make a fine product Crawdad.  Sucks that they can come and take your call name away just like that  :gun_bandana:
« Last Edit: September 13, 2011, 08:29:01 PM by Braz »
http://kmcalls.webs.com/

‘‘To preserve liberty, it is essential that the whole body of people always possess arms, and be taught alike, especially when young, how to use them...’’

— Richard Henry Lee, 1787

Offline Jason at JTCCalls

  • Custom Call Maker
  • ****
  • Posts: 655
  • Location: Pella Iowa 50219
    • JTC Calls
Re: No more Fat Lady calls
« Reply #6 on: September 13, 2011, 06:48:05 PM »
From the copywrite website


Circular 34 -
http://www.copyright.gov/circs/circ34.pdf

Copyright law does not protect names, titles, or short phrases or expressions. Even
if a name, title, or short phrase is novel or distinctive or lends itself to a play on
words, it cannot be protected by copyright. The Copyright Office cannot register
claims to exclusive rights in brief combinations of words such as:
• Names of products or services
• Names of businesses, organizations, or groups (including the names of
performing groups)
• Pseudonyms of individuals (including pen or stage names)
• Titles of works
• Catchwords, catchphrases, mottoes, slogans, or short advertising expressions
• Listings of ingredients, as in recipes, labels, or formulas. When a recipe or
formula is accompanied by an explanation or directions, the text directions
may be copyrightable, but the recipe or formula itself remains uncopyrightable.


Jason

Offline MarshRat

  • Tutorial Contributor
  • Custom Call Maker
  • *
  • Posts: 237
  • Location: Puxico, MO
  • Marsh Master Custom Calls
    • Marsh Master Custom Calls
Re: No more Fat Lady calls
« Reply #7 on: September 13, 2011, 07:04:56 PM »
Just use the name "Big middle section lady" I like it  :hysterical: :hysterical:

Matt
Marsh Master Custom Calls
www.marshmaster.webs.com

Offline Al_at_THO Game Calls

  • Owner, THO Game Calls Forums & Store
  • Administrator
  • Custom Call Maker
  • *
  • Posts: 7584
Re: No more Fat Lady calls
« Reply #8 on: September 13, 2011, 07:26:10 PM »
When did you start calling them Fat Lady ?

If you can prove you started calling them that before their trade mark date, they don't have a leg to stand on.

Al @ THO

Offline Al_at_THO Game Calls

  • Owner, THO Game Calls Forums & Store
  • Administrator
  • Custom Call Maker
  • *
  • Posts: 7584
Re: No more Fat Lady calls
« Reply #9 on: September 13, 2011, 07:30:17 PM »
And who called you?   Was it a lawyer?  Owner of the company?   

Al @ THO


Offline Al_at_THO Game Calls

  • Owner, THO Game Calls Forums & Store
  • Administrator
  • Custom Call Maker
  • *
  • Posts: 7584
Re: No more Fat Lady calls
« Reply #10 on: September 13, 2011, 07:34:58 PM »
By the way, the Fat Lady is the last turkey call made by Niel Cost, so who exactly are they copying?

I say tell them to go pound sand as it looks like they lied on their trademark application

Goods and Services    IC 028. US 022 023 038 050. G & S: HUNTING GAME CALLS. FIRST USE: 20060501. FIRST USE IN COMMERCE: 20060501

Al @ THO

Offline Al_at_THO Game Calls

  • Owner, THO Game Calls Forums & Store
  • Administrator
  • Custom Call Maker
  • *
  • Posts: 7584
Re: No more Fat Lady calls
« Reply #11 on: September 13, 2011, 09:27:12 PM »
I hate to say it, but if they are selling on E bay, there is little chance they have the resources to sue you.

The might of course, drive over to your house and try to whoop your butt.   :eek:

Al @ THO

Offline Crawdad

  • Custom Call Maker
  • ****
  • Posts: 1961
  • Age: 74
  • Location: Greenbrier, Arkansas
Re: No more Fat Lady calls
« Reply #12 on: September 13, 2011, 09:39:29 PM »
Wow, you guys have me overwhelmed, I'm not even sure what you all just told me. Al I started calling them Fat Lady's right off the bat, now I just have to look at the date I found I had cancer, because that's when I started making them. I took chemo every Fri ,and as a result I couldn't sleep those nights, so I would stay up all night and turn calls. The name of my business is triplegcalls, I just named my duck call Fat Lady, but my turkey calls are named glover gobbler gitters, that's where the triplegcalls came from. I don't know nothing about the law or even what y'all told me. Are you telling me I can legally use the name Fat Lady??

Offline Crawdad

  • Custom Call Maker
  • ****
  • Posts: 1961
  • Age: 74
  • Location: Greenbrier, Arkansas
Re: No more Fat Lady calls
« Reply #13 on: September 13, 2011, 09:43:26 PM »
Well Al, i'm an old man now, but it wasn't long ago I would sure invite them to try,as a matter of fact even at my age now I would still take em on. It was the owner who called me.

Offline Jason at JTCCalls

  • Custom Call Maker
  • ****
  • Posts: 655
  • Location: Pella Iowa 50219
    • JTC Calls
Re: No more Fat Lady calls
« Reply #14 on: September 13, 2011, 09:48:20 PM »
I think you are safe since your call is called the Fat Lady and the name of your company is somethign else.  If i am correct, you are not infringing on their trademarked company name.  I would tell them they need to file a cease and desist order with legal backing since you are not infringing on their company name.

I highly doubt they have trademaked an actual produce which is a duck call. called Fat Lady.

I am with Al, tell them to have their lawyer send you legal documentation for stopping, otherwise, keep doing what your doing

Jason